Purchase v. Seelye
Massachusetts Supreme Judicial Court
Tort against a surgeon for personal injuries sustained by the plaintiff by reason of the negligence of the defendant in operating on the plaintiff for hernia on March 26, 1916, and, after having ascertained that the plaintiff was suffering from a hernia on the right side of his abdomen, negligently performing an operation on the left side of the plaintiff’s body without the plaintiff’s knowledge or consent.
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Tort against a surgeon for personal injuries sustained by the plaintiff by reason of the negligence of the defendant in operating on the plaintiff for hernia on March 26, 1916, and, after having ascertained that the plaintiff was suffering from a hernia on the right side of his abdomen, negligently performing an operation on the left side of the plaintiff’s body without the plaintiff’s knowledge or consent. Writ dated October 3, 1916. The answer, besides a general denial and an allegation of negligence on the part of the plaintiff, alleged that the defendant was discharged from liability for…
1Opinion of the CourtCrosby, J.
This is an action to recover for an unauthorized surgical operation performed by the defendant, a surgeon, upon the body of the plaintiff.
On March 21, 1916, the plaintiff suffered a rupture in his right groin while in the employ of the Boston and Albany Railroad, of whose road the New York Central Railroad Company was lessee; on the same day he consulted the defendant, and the next day was operated on by the latter. The following day the plaintiff discovered that the operation had been performed on his left side, and so stated to the defendant. The plaintiff *436testified that the defendant said:…
2Cases cited14 opinions
- Mohr v. WilliamsSupreme Court of Minnesota · 1905
- Pratt v. DavisIllinois Supreme Court · 1906
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Leddy v. BarneyMassachusetts Supreme Judicial Court · 1885
- McGarrahan v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Milks v. McIverNew York Court of Appeals · 1934
- Thompson v. FoxSupreme Court of Pennsylvania · 1937
- Feinstone v. Allison Hospital, Inc.Supreme Court of Florida · 1932
- Old Colony Railroad v. Assessors of QuincyMassachusetts Supreme Judicial Court · 1940
- Fieser v. St. Francis Hospital & School of Nursing, Inc.Supreme Court of Kansas · 1973
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